Savannah morning news. [volume] (Savannah) 1868-1887, 1887-02-08
CITY JUSTICES DIVIDED.
THREE OF THEM WILL STAND
BY THE SOLICITOR.

The justices Not Bound to Stand by
the Opinion--E fleet of the solicitor
Generals Construction of the Law.
AS stated in the MORNING News more
than a week ago, there is division OF
ooinion among the city magistrates as TO
The matter of charging costs. Messrs.
X. r. Richards, S. b. Adams and Walter
G.. Charlton were asked by the magis-
trates to give written opinions on those
points in the law touched upon by SOlic-
itor General duBignon in his letter 10 the
Justices.
Mr.. Richards. in his opinion, stated
that he thought that all peace and good
behavior warrants and other papers to be
acted on by the Superior or City Courts
must be Immediately returned to the
court or banded to the So
licitor General. He held that costs can
not be collected from defendant where
the accused is discharged at the preiimi-
nary examination. The opinion added;
t'Neither can there be a settlement OF
misGemeanor case pending before you,
Except in those small otienses against the
person or property Of the citizen not pun
jshable by fine and imprisonment, or by
more severe penalty which excludes
from settlement before you"
SETTLEMENT OF CASES.
Upon the point as to whether or not
MAGISTRATES can settle cases punishable
by fine and Imprisonment, Mr.. Richards
was of the opinion That il case OF that
J ind 'can in any sense be considered as
before magistrate with authority in him
to examine into the merits of the case
The law gives him the authority to allow
a settlements; and, lnasmuch as learned
ana experienced lawyers have advised
YOU that there is doubt on this point, and
that probably you have such right, do
not con slider that ] ought to express
positive opinion. or hold that you should
discontinue the uniform practlce, which
certainly aids and sometimes determines
the construction Of doubtful laws"
IL regard to charging So Tor drawing
bonds in criminal cases the attorney
thought that the Justices have that
right.
q A DIFFERENT OPINION.
Messrs. Charlton aud Adams we're of
the opinion that when party is lawfully
required to give a bond, either Tor a court
OF Inquiry or the higher courts, there is
nothing to prevent his employment Of the
Justice to draw this bond for him, and the
charging by the Justice to draw this bond
Tor him OF compensation not more than
So.
AS to the settlement OF misdemeanOr
cases, Messrs. Charlton and Adams
thought that before case has
been turned over to the higher
court, while it IS still pend
ing before the magistrate, it may be set !
tied with the consent Of the magistrate, |
and costs may be paid when all parties |
concerned desire this.
The lawyers, however, did rot regard |
that the law was settled on that point.
In regard to peace warrants, they |
agreed with the Solicitor General that no |
one shall be compelled to pay costs ex-
cept after conviction or final trial.
All three of the attorneys were Of the |
opinion that the Solicitor General has the !
right to be present when committee |
from the grand jury examines the dockets |
of the ma gistrates if the committee SO de- |
sires.
MUST ISSUE WARRANTS.
They further agreed that a magistrate
Is obliged to issue a warrant upon proper
application and a1hdavit-that is to say,
he cannot decline to do so arbitrarily, or
because it does not pay him to perform
this duty. Moreover, ii magistrate re-
fused or failed to issue the warrant be-
Gause or non-payment of costs, or fees, or
because he thought it not to his pecuniary
interest to Issue the warrant, he would be |
guilty OF malpractice.
Magistrate Sheftall, who is one of the !
three Justices who have stated that they
Will observe the Solicitors construction |
OF the law, was interviewed yesterday
afternoon. He said that there is no doubt |
about it that the Solicitor Generals con-
struction knocks the magistrates out OF a |
good many fees. Mr.. duBignon's con- |
structioD, however, he believes is right. |
ON peace warrants the Magistrates have |
been allowed 81 %, the COnstahles 81 IS, |
and the Solicitor General So. The parties, |
however, were generally without proper |
~ and nothing could be recovered from
tnem after conviction.
WHAT THE LAW SAYS.
The law SAYS ''that for drawing up or |
writing bond, witnessing and approving |
The same, where the defendant or defend |
ants are bound over to appear at court to |
answer the charge or charges, the fee |
shall be 80, which shall cover all charges |
connected with said bond" Magistrate |
sheftall stated that he construed the |
clause which says "where the defend ant |
or defendants are bound over TO appear at |
COURT to mean that a first appearance !
before Justice of a defendant and a sub |
eequent examination are one act within |
The meaning OF the statute, and that, |
therefore, only one bond can be charged |
and only one fee OF So can be collected |
Heretofore the pracLIce was TO charge So |
Tor the bond to appear at the preliminary
examination aud another SO for the bond
20 appear before the higher court.
NOT STAND BY THE OPINION.
The magistrates never voted to go by
the opinion of The lawyers, Mr.. Sheftal |
stated. He added that he does not con-
slider the Solicitor to be responsible for
the law, but that taking it as he finds |
1t he has given his construction of 1t.
AS TO magistrates furnishing their own
blanks, Mr.. Shettall observed that they !
do that as matter of convenience to !
themselves, preferring to bear the ex- |
pense rather than TO have the trouble OF !
writing out all the bonds, warrants, etc. |
1t does not seem to be right, the Justice |
thought, TO compel a magistrate to issue |
papers and have constable serve them |
without compensation, but there are
such cases, and the only remedy Is to Sc
cure change in the law.
A CHANGE IN THE LAW.
The magistrate said that he would
favor ana he thought majority of the
justices would, and probably the Solicitor
General, too, a bill allowing 81 Tor misde-
meanors and 81 for felonies IN cases OF
convictions, the fees to be paid
by the county. Those amounts would be
divided between the magi strate and the
constable. To meet such fe0s Mr..
Sheftall estimated that between $4,000
and 81, 600 would be required. Such an
act, he remarked, would cause a disoon